No:

BH2020/03793

Ward:

East Brighton Ward

App Type:

Full Planning

 

Address:

62 St George’s Road Brighton BN2 1EF     

 

Proposal:

Change of use from builder’s’ store with living space (Sui Generis) to form a ground floor commercial unit (E) and 3no self-contained residential flats (C3). Roof extension to form additional storey, revised fenestration, replacement of shop front and associated works.

 

Officer:

Joanne Doyle, tel: 292198

Valid Date:

22.12.2020

 

Con Area:

 

Expiry Date: 

16.02.2021

 

Listed Building Grade: 

EOT:

 

Agent:

Lewis And Co Planning SE Ltd   Lewis & Co Planning    2 Port Hall Road   Brighton   BN1 5PD              

Applicant:

Mr B Mitchell   C/o Lewis & Co Planning    2 Port Hall Road   Brighton   BN1 5PD              

 

 

 

1.               RECOMMENDATION

 

1.1.          That the Committee has taken into consideration and agrees with the reasons for the recommendation set out below and resolves to GRANT planning permission subject to the following Conditions and Informatives:

 

Conditions:

1.         The development hereby permitted shall be carried out in accordance with the approved drawings listed below.

Reason: For the avoidance of doubt and in the interests of proper planning.

Plan Type

Reference

Version

Date Received

Location and block plan

TA 1293/05  

-

22 December 2020

Proposed Drawing

TA 1293/10  

C

9 April 2021

Proposed Drawing

TA 1293/11  

C

19 April 2021

Proposed Drawing

TA 1293/12  

E

19 April 2021

Proposed Drawing

TA 1293/13  

C

9 April 2021

Proposed Drawing

TA 1293/14  

C

3 February 2021

Proposed Drawing

TA 1293/15  

B

3 February 2021

Proposed Drawing

TA 1293/16  

B

3 February 2021

Proposed Drawing

TA 1293/17  

D

9 April 2021

Proposed Drawing

TA 1293/18  

D

9     April 2021

 

 

2.         The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions.

 

3.         The development hereby permitted shall not be occupied until a scheme for the storage of refuse and recycling has been submitted to and approved in writing by the Local Planning Authority.  The scheme shall be carried out and provided in full in accordance with the approved details prior to first occupation of the development and the refuse and recycling storage facilities shall thereafter be retained for use at all times.

Reason: To ensure the provision of satisfactory facilities for the storage of refuse and to comply with policy QD27 of the Brighton & Hove Local Plan, policy CP8 of the Brighton & Hove City Plan Part One and Policy WMP3e of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan Waste and Minerals Plan.

 

4.         Prior to the first occupation of the development hereby permitted the applicant shall reinstate the redundant vehicle crossover back to a footway by raising the existing kerb and footway.

Reason: In the interests of highway safety and to comply with policies TR7 of the Brighton and Hove Local Plan and CP9 of the City Plan Part One.

 

5.         Prior to first occupation of the development hereby permitted, details of secure cycle parking facilities for the occupants of, and visitors to, the development shall have been submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be fully implemented and made available for use prior to the first occupation of the development and shall thereafter be retained for use at all times.

Reason: To ensure that satisfactory facilities for the parking of cycles are provided and to encourage travel by means other than private motor vehicles and to comply with policy TR14 of the Brighton & Hove Local Plan.

 

6.         Access to the flat roof areas at first and second floor level hereby approved shall be for maintenance or emergency purposes only and the flat roof shall not be used as a roof garden, terrace, patio or similar amenity area.

Reason: To ensure a satisfactory appearance to the development and to comply with policies HE6 of the Brighton & Hove Local Plan and CP15 of the Brighton & Hove City Plan Part One and in order to protect adjoining properties from overlooking and noise disturbance and to comply with policies QD14 and QD27 of the Brighton & Hove Local Plan.

 

7.         If during construction, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing by the Local Planning Authority), shall be carried out until a method statement identifying and assessing the risk and proposing remediation measures, together with a programme for such works, shall be submitted to the Local Planning Authority for approval in writing. The remediation measures shall be carried out as approved and in accordance with the approved programme. 

Reason: To safeguard the health of future residents or occupiers of the site and to comply with policy SU11 of the Brighton & Hove Local Plan.

 

8.         With the exception of a gymnasium use, all activities and operations associated with the Class E use permitted on the ground floor shall take place only between the hours of 07.00 and 23.00 hours on Mondays to Sundays including Bank or Public Holidays. 

Reason: To safeguard the amenities of the occupiers of adjoining properties and to comply with policies SU10 and QD27 of the Brighton & Hove Local Plan.

 

 

9.         With the exception of a gymnasium use, no customers shall remain on the premises in the Class E use permitted on the ground floor outside the hours of 07.00 to 23:00 daily and no activity within the site shall take place between the hours of 23.00 and 07.00 daily. 

Reason: To safeguard the amenities of the locality and to comply with policies SU10 and QD27 of the Brighton & Hove Local Plan.

 

 

10.      The use of the ground floor of the site for a gymnasium use with Class E shall not be carried out except between the hours of 07:00 and 19:00 on Mondays to Fridays, 08:00 to 17:00 on Saturdays and Sundays and at no time on Public Holidays.  

Reason: To safeguard the amenities of the locality and to comply with policies SU10 and QD27 of the Brighton & Hove Local Plan.

 

 

11.      Amplified music or other entertainment noise from within the ground floor premises within Class E use shall not be audible beyond the site, or in the residential premises above. 

Reason: To safeguard the amenities of the locality and to comply with policy QD27 of the Brighton & Hove Local Plan.

 

 

12.      No alcohol shall be sold or supplied on the ground floor of the premises hereby permitted within Class E except to persons who are taking meals on the premises and who are seated at tables.  

Reason: To prevent noise, nuisance, disturbance and public disorder, to protect the amenities of the occupants of residential accommodation within the building and within the vicinity of the site and to comply with policy QD27 of the Brighton & Hove Local Plan.

 

Informatives:

1.         In accordance with the National Planning Policy Framework and Policy SS1 of the Brighton & Hove City Plan Part One the approach to making a decision on this planning application has been to apply the presumption in favour of sustainable development.  The Local Planning Authority seeks to approve planning applications which are for sustainable development where possible.

 

2.         The applicant is advised to contact the Council's Streetworks Team (permit.admin@brighton-hove.gov.uk 01273 290729) for necessary highway approval from the Highway Authority prior to any works commencing on the adopted highway to satisfy the requirements of the condition.

 

3.         External ventilation could be required. In the absence of any further information in this respect, it cannot be confirmed whether such alterations would be acceptable to the Local Planning Authority. In the event of an external system, a further application for planning permission would be required for this installation.

 

4.         The applicant should be aware that whilst planning permission may be granted, this does not preclude the Environmental Protection department from carrying out an investigation in line with the provisions Environmental Protection Act 1990, should any complaints be received with regards to noise and/or odour from the premise.

 

 

2.               SITE LOCATION

 

2.1.          The application relates to a two storey terrace property, located on the south side of St George's Road. The property is in use as a builder's' store at ground floor level, with a connected residential use (two storey flat) above. The application site lies outside the St George's Road Local Centre, and forms part of a 'Local Parade' as designated within the Brighton & Hove Local Plan.  

 

2.2.          The site lies within the East Cliff Conservation Area. 

 

 

3.               RELEVANT HISTORY 

None.

 

 

4.               APPLICATION DESCRIPTION               

 

4.1.          The application seeks consent for the change of use from a builder's' store with living space (Sui Generis) to form a ground floor commercial unit (E) and 3no. self-contained residential flats (C3). Permission is also sought for a roof extension to form an additional storey, revised fenestration, the replacement of the shop front and associated works. 

 

4.2.          During the course of the application the proposal was amended by omitting a ground floor studio unit, amendments to the layout of the first floor studio unit and design changes to the front elevation. The front terrace was removed in response to comments from the heritage team in design terms and the rear terrace was removed by the request of the agent. 

 

4.3.          Eighteen (18) letters of representation have been received objecting to the proposal for the following reasons: 

·         Overshadowing 

·         Overbearing 

·         Loss of light 

·         Overlooking 

·         Loss of privacy 

·         Poor design/not in keeping 

·         Detrimental effect on conservation area and historic importance of coach house

·         Health and safety 

·         Units could be used as AirBnB/holiday lets

·         The building should be protected  

·         Impact on the properties to the rear 

·         Noise disturbance 

·         Traffic and parking issues 

·         Refuse issues 

·         Carbon footprint 

·         More creative repurposing of the site should be encouraged 

·         Fire regulations and access issues 

·         Reduced security 

·         Surface water 

·         Standards poor in ground floor unit 

·         Building works disruption 

·         Inaccuracies in plan 

·         Consultation not carried out 

 

4.4.          One (1) letter of representation has been received in support of the application for the following reasons:

·         Enhance and preserve the streetscape

·         Meet needs of small local businesses

·         Benefit the neighbourhood

·         Provide needed residential units

 

 

5.               CONSULTATIONS

 

5.1.          Heritage:    No Objection

Initial concerns over lack of detail, but revised scheme satisfactory. 

 

5.2.          CAG:    Objection 

Visual impact and design concerns. The present proposal will harm this attractive historic building and will not enhance the East Cliff conservation area.

 

5.3.          Sustainable Transport:    No objection  

No objection subject to recommended conditions.

 

 

6.               MATERIAL CONSIDERATIONS 

 

6.1.          In accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, this decision has been taken having regard to the policies and proposals in the National Planning Policy Framework, the Development Plan, and all other material planning considerations identified in the "Considerations and Assessment" section of the report

 

6.2.          The development plan is:

·         Brighton & Hove City Plan Part One (adopted March 2016);

·         Brighton & Hove Local Plan 2005 (retained policies March 2016);

·         East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan (adopted February 2013);

·         East Sussex, South Downs and Brighton & Hove Waste and Minerals Sites Plan (adopted February 2017); 

·         Shoreham Harbour Joint Area Action Plan (JAAP) 2019. 

 

6.3.          Due weight has been given to the relevant retained policies in the Brighton & Hove Local Plan 2005 according to their degree of consistency with the NPPF.

 

 

7.               POLICIES 

The National Planning Policy Framework (NPPF) 

 

Brighton & Hove City Plan Part 2:

Policies in the Proposed Submission City Plan Part 2 do not carry full statutory weight but are gathering weight as the Plan proceeds through its stages. They provide an indication of the direction of future policy. Since 23 April 2020, when the Plan was agreed for submission to the Secretary of State, it has gained weight for the determination of planning applications. The weight given to the key CPP2 policies considered in determining this application is set out below:

 

Brighton & Hove City Plan Part One 

SS1              Presumption in Favour of Sustainable Development

CP1             Housing Delivery 

CP3              Employment Use

CP4              Retail Provision

CP8              Sustainable Buildings 

CP9              Sustainable transport

CP10            Biodiversity

CP11            Flood risk

CP12            Urban design 

CP14            Housing density

CP15            Heritage 

CP19            Housing Mix

 

Brighton & Hove Local Plan (retained policies March 2016): 

TR4              Travel plans

TR7              Safe Development

TR14            Cycle access and parking

SU9              Pollution and nuisance control

SU10            Noise Nuisance

QD5              Design 

QD10           Shopfronts

QD27           Protection of amenity 

HO5              Provision of Private Amenity Space in Residential Development 

HO8              Retaining Housing

SR7              Local Parades

HO13           Accessible housing and lifetime homes

HE 6             Development within or affecting the setting of conservation areas

 

Brighton & Hove City Plan Part Two (CPP2) (emerging)

DM1             Housing Quality, Choice and Mix

DM2             Retaining Housing and residential accommodation (C3)

DM13           Important Local Parades, Neighbourhood Parades and Individual Shop Units

DM20           Protection of Amenity

DM21           Extensions and alterations

DM22           Landscape Design and Trees

DM23           Shop Fronts

DM26           Conservation Areas

DM33           Safe, Sustainable and Active Travel

DM40           Protection of the Environment and Health - Pollution and Nuisance

 

Supplementary Planning Document: 

SPD02         Shop Front Design

SPD03         Construction & Demolition Waste

SPD09         Architectural Features 

SPD12         Design Guide for Extensions and Alterations

SPD14         Parking Standards

 

 

8.               CONSIDERATIONS & ASSESSMENT

 

8.1.          The main considerations in the determination of this application relate to the principle of development, design and appearance of the proposal and the impacts of the proposal on the character and appearance of the conservation area, related streetscene and wider area, standard of accommodation, impact on amenity, highways and sustainability.

 

8.2.          The City Plan Part 1 Inspector's Report was received in February 2016.  The Inspector's conclusions on housing were to agree the target of 13,200 new homes for the city until 2030 as a minimum requirement.  It is against this minimum housing requirement that the City's five year housing land supply position is assessed annually.  

 

8.3.          The council's most recent housing land supply position published in the SHLAA Update 2020 shows a five year housing supply shortfall of 342 (equivalent to 4.7 years of housing supply). As the council is currently unable to demonstrate a five year housing land supply, increased weight should be given to housing delivery when considering the planning balance in the determination of planning applications, in line with the presumption in favour of sustainable development set out in the NPPF (paragraph 11).

 

Planning Policy: 

8.4.          The application site forms part of a 'Local Parade' as designated within the Brighton & Hove Local Plan, describing ‘a cluster of 3 or more retail units that are capable of serving a local convenience need’. The unit is part of a terrace of commercial units on the south side of St George’s Road.

 

8.5.          This site as existing is currently vacant and was last in use as a builder's store, with the existing first floor residential unit accessed from the builder's yard. The site is currently in sui generis use (i.e. not falling into any use class), with the builder’s store, a mixture of storage and servicing of tools, and the flat above dependant on the store at ground floor.

 

8.6.          The scheme proposes to provide commercial use at ground floor level, so there would be no loss of employment floorspace, and potentially an increase in employment on the site, in accordance with City Plan Policy CP3. 

 

8.7.          A Class E use is proposed for the ground floor of the property. The revised Use Class E was introduced from 1 September 2020 and covers uses previously defined in the revoked Classes A1 (retail) /A2 (professional/financial) /A3 (cafes/restaurants), B1 (business/light industrial), D1(a-b)(clinics/creches and 'indoor sport' from D2(e). The operation of a Class E use within the unit would allow flexibility and is considered to be compatible with the site's location in a commercial area, subject to appropriate conditions to control the use type.

 

8.8.          Overall, the proposed use would not result in a net loss of retail uses and would attract pedestrian activity to the area and maintain a healthy balance and mix of uses. The proposal would ensure a viable retail unit with an active frontage is provided and would not be contrary to policy SR7.

 

Design and Appearance: 

8.9.          CPP1 Policy CP12 expects all new development to raise the standard of architecture and design in the city, establish a strong sense of place by respecting the character of existing neighbourhoods and achieve excellence in sustainable building design and construction. 

 

8.10.       Policy CP15 of CPP1 states how the Council will ensure that the city's built heritage guides local distinctiveness for new development in historic areas and heritage settings.

 

8.11.       Policy HE6 of the Local Plan explains how proposals within or affecting the setting of a conservation area should preserve or enhance the character or appearance of the area and should show a consistently high standard of design and detailing reflecting the scale and character or appearance of the area, including the layout of the streets, development patterns, building lines and building forms.  

  

8.12.       When considering whether to grant planning permission for development  which affects a conservation area or its setting the council has a statutory duty to pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area or any features of special architectural or historic interest which it possesses. Case law has held that the desirability of preserving the character or appearance of a conservation area must be given "considerable importance and weight". 

 

8.13.       The building is an historic property which has retained its original three-over-six sash windows at first floor level, with parapeted stucco rendered façade and timber bi-fold doors at ground floor level which may be of historic interest. The property has undergone alterations to the ground floor shopfront which has eroded its architectural detailing, however it is still considered to make a positive contribution to the street scene. The building is situated as part of a varied range of properties which include canted bays and flat facades, some with historic shopfronts, which sit directly against the footway. 

 

8.14.       The properties to the west, on the same side of the road, are generally two storeys in height, although the neighbouring property has been extended by an additional storey contained in a mansard roof, which is considered to negatively impact upon the building and the visual quality of the streetscene. To the east, the properties are of three and four storeys, and are buildings of 'transitional aesthetic quality', being the lesser elevations of the listed and architecturally exceptional terraces aligned to Eaton Place, of four storey (plus basement) height. 

 

8.15.       The building is a historic property which makes a positive contribution to the area and as such any proposed alteration to the exterior which is visible from the streetscene should respect the special character of the area and East Cliff conservation area.

 

8.16.       The site is at a transitional point in terms of the recognised forms, the buildings to the east being of larger scale and architecturally more ornate where the facades represent the side elevation of the highly decorative and notable listed terraced properties aligned to Eaton Place. The proposed front elevation steps down from the immediate property to the east and the height of the roof extension finishes beneath the projecting cornice of the neighbouring building providing a suitable stepped relationship with the adjoining eastern property.

 

8.17.       During the course of the application the design of the front elevation has been amended to include a number of alterations to the overall design and height of the proposal and to make reference to the existing painted render on the building. The main alterations include reducing the height of the extension beneath the projecting cornice of the neighbouring building, the provision of the shopfront fenestration in keeping with traditional mews appearance and joinery, omitting the French doors and balustrade at second floor level and the retention of the existing sash window pattern and amendments to the door to the covered walkway.

 

8.18.       The proposed design of the rear elevation, incorporating an additional storey, rear projection and fenestration detailing would be acceptable in design terms. The rear elevation currently is not aesthetically pleasing and is not visible from the public realm in immediate or far reaching views and the proposal would be an improvement on the existing arrangement. 

 

8.19.       Following these amendments, it is considered that overall this proposal would preserve the appearance and character of the building, wider street scene and the  East Cliff conservation area, in accordance with policies QD10 and HE6 of the Brighton & Hove Local Plan and CP12 and CP15 of the Brighton & Hove City Plan Part One.  

 

Standard of Accommodation: 

8.20.       Policy QD27 of the Brighton and Hove Local Plan, and emerging Policy DM20 of CPP2 (which can be given significant weight) aim to secure a good standard of living accommodation for current and future occupiers in all new developments. Accommodation should therefore provide suitable circulation space within the communal spaces and bedrooms once the standard furniture has been installed, as well as good access to natural light and air in each habitable room. 

 

8.21.       The Nationally Described Space Standards (NDSS), although not formally adopted by the Council do provide a useful guide against which to assess the overall unit size and bedroom sizes and provide a comparable indicator of acceptable space standards, and they are proposed for adoption within the emerging City Plan Part Two. 

 

8.22.       The proposal would create 2no. one-bedroom flats at first floor level and 1no two bedroom flat at second floor level. 

 

8.23.       The following schedule of accommodation is proposed:

·         First floor (eastern) one bed unit- 45sqm

·         First floor (western) studio unit- 38sqm

·         Second floor two bed unit- 81sqm

 

8.24.       An amended plan was received during the course of the application to improve the layout of the first floor studio unit by omitting the bike store to increase the bathroom. The proposed ground floor studio unit was also removed from the scheme as this unit was considered to offer an oppressive standard of accommodation given the lack of light and outlook.

 

8.25.       The proposed plans would provide a standard of accommodation which accords with the guidance set out in the NDDS standard of accommodation in terms of layout, circulation space and access to natural light and ventilation. The proposed two-bed unit at second floor level would be of a particularly good size and usability. It is acknowledged that the kitchen areas within the studio unit and one bed unit at first floor level would not include window openings within the room but given the open partitions and layout, it is considered that the units would provide for adequate light to access these areas. Overall, the size and layouts of the living spaces would provide for a suitable standard of accommodation and would meet the needs of future occupiers. 

 

8.26.       The proposed balconies to the rear and front of the building have been removed from the scheme. Policy HO5 and emerging Policy DM1 of CPP2 require private, useable amenity space to be provided 'where appropriate to the scale and character of the development'. In this case, upper floor flats in the location do not typically have access to external amenity space and the proposed units would have access to public outdoor space within the vicinity, such as the Seafront and the nearby Queens Park. The scheme is therefore considered acceptable in this regard. 

 

Impact on Amenity: 

8.27.       Policy QD27 of the Brighton & Hove Local Plan states that planning permission for any development or change of use will not be granted where it would cause material nuisance and loss of amenity to the proposed, existing and/or adjacent users, residents, occupiers or where it is liable to be detrimental to human health. This is reflected in emerging Policy DM20 of CPP2.

 

8.28.       Policies SU9 and SU10 of the Local Plan are concerned with development that could cause pollution and nuisance, for example by way of odours, or which could cause a noise nuisance to occupiers of nearby noise sensitive premises. 

 

8.29.       The adjacent units are in commercial use at ground floor level with residential above, aligning with the proposed uses of the present scheme which would help to reduce the potential for impacts on amenity. To the rear (south) of the site are the rear gardens of Belgrave Place and to the east the rear gardens of Eaton Place. 

 

8.30.       Concerns have been raised through consultation regarding the impact of the proposal in terms of overshadowing, overbearing, loss of light, overlooking, loss of privacy and noise nuisance. 

 

8.31.       The principle of the proposed residential units is not deemed likely to result in an unacceptable increase in noise or activity levels which would be of detriment to any neighbouring properties, including those created as a result of the proposal, given the existing residential use of the site, and the residential and commercial character of the area. 

 

8.32.       The extra storey would not have a detrimental impact on neighbouring properties or the gardens to the rear of the site in terms of overshadowing due to the relatively small height increase, particularly in the context of surrounding properties, and the east/west orientation of the site. The property to the east, no. 61, features a residential unit at first floor level and a rear terrace area, and may experience some additional overshadowing to their terrace for the early part of the day. However the rear elevation would be set in, which would reduce the potential impact so that overall, the impact is not considered sufficient to warrant refusal of the application, particularly in this dense urban environment. 

 

8.33.       The scheme is not considered to result in a significant increase in overlooking, with views achievable from the front and rear first floor windows being similar to the existing arrangement. The second floor front and rear windows would not offer direct views into neighbouring windows, and views from this level would already be attainable from the existing arrangement and neighbouring residential windows. 

 

8.34.       Concern has been raised regarding the potential overlooking of garden spaces to the rear, however these views are already achievable from the rear first floor window and neighbouring residential units at upper floor level within the terrace. It is not therefore considered there would be an increase in overlooking or loss of privacy. 

 

8.35.       The proposed change of use of the ground floor premises to Class E would allow for a range of potential uses which could potentially mean a more intensive use of the property. The revised Use Class E which covers a number of uses does mean that each use could have different impacts and therefore conditions are recommended to safeguard neighbouring amenity including  that no alcohol shall be sold or supplied on the premises except to persons who are taking meals on the premises and who are seated at tables. An informative has been attached stating that a further application for planning permission would be required for the installation of an external extract system.  

 

8.36.       A Class E use could allow for a gymnasium use, with potential noise nuisance, including for the residential unit above. A condition is recommended limiting the hours of operation. It is considered that noise impacts are otherwise satisfactorily controlled through separate Environmental Health regulations relating to nuisance. 

 

8.37.       These conditions would not prejudice the operation of the potential future use of the unit. 

 

8.38.       Subject to the imposition of these conditions it is considered that the proposal would be acceptable in terms of there being no significant or adverse impacts or loss of amenity to the proposed, existing and/or adjacent users, residents, occupiers or where it is liable to be detrimental to human health, and would thereby accord with Policy QD27 and DM20 of CPP2 which can be given significant weight. 

 

Sustainable Transport: 

8.39.       The proposal is unlikely to result in a significant increase in trips due to the change of use. Although there may be difference in trip times there is likely to be similar levels of activity. 

 

8.40.       There are no loading bays within the vicinity of the site, but it is noted that loading and unloading can occur on double yellow lines on St George's Road which appears to be the arrangement for other commercial units without obstructing traffic. 

 

8.41.       The application property is within a Controlled Parking Aone (H) where demand is high, with parking permits at 90.5%. The Highways Officer has requested that a condition is attached to restrict future occupants' rights to resident parking permits. However, this can be secured by the LHA directly through the Parking Service if they so wish, , and limiting the issue of parking permits is already covered through the management of the Controlled Parking Zone. 

 

8.42.       The site is constrained and does not allow for on-site parking however it is noted that there is nearby pay and display parking on St George's Road for customers and visitors to the ground floor unit. 

 

8.43.       The proposed removal of the vehicle entrance would result in the existing crossover to become redundant and therefore a condition has been attached for the crossover to be removed and the footway and kerb edge reconstructed and reinstated.  

 

8.44.       Cycle parking is proposed on site which, while not ideal being in confined spaces or accessed via stairs, however given the constraints of the site this is considered acceptable. A condition is recommended to secure full details of cycle storage. 

 

Community Infrastructure Levy: 

8.45.       Under the Regulations of the Community Infrastructure Levy (CIL) 2010 (as amended), Brighton & Hove City Council adopted its CIL on 23 July 2020 and began charging on all CIL liable planning applications on and from the 5 October 2020. It is estimated that the amount of CIL liability for this application is £44,800.46. The exact amount will be confirmed in the CIL liability notice which will be issued as soon as it practicable after the issuing of planning permission.   

 

Other Matters: 

8.46.       Given the existing use as a builder's store and the proposed alterations at ground floor level conditions have been applied in association with contaminated land and asbestos. 

 

8.47.       It is unclear how bin/recycling  stores will be allocated and therefore a condition has  been attached requiring details of this. 

 

 

9.               EQUALITIES

 

9.1.          Access standards are not sought on conversions and therefor no equalities implications have been identified.